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ESC

In Summary

The Supreme Court urged the Centre to protect homebuyers, address stalled projects, establish revival funds, standardize RERA rules, and form a committee to ensure affordable housing and project sustainability.

In Summary

SC made a number of suggestions to prevent the liquidation of viable residential projects.

  • The Right to Shelter in India is recognised as a fundamental right under the broader ambit of the Right to Life guaranteed by Article 21.

Challenges in the Housing Sector in India

  • Shrinking Share of Affordable Housing: Once accounting for more than half of all new launches in 2018, affordable homes now make up just 17% of supply.
  • Stalled Projects and Systemic Issues: Over 5 lakh units across 44 cities have been stalled due to financial mismanagement by real estate developers.
  • High Price of Land: Only 0.2 per cent of the national land mass is occupied by the top ten cities in India.
  • Lack of Uniformity in RERA Rules: State-specific rules create challenges.

Key SC Recommendations

  • The Union government can consider establishing a revival fund under NARCL (National Asset Reconstruction Company Ltd) and expanding the SWAMIH (Special Window for Affordable and Mid-Income Housing) Fund.
  • Creation of a Corporate Body for Stalled Projects similar to NARCL, be created. 
  • To bring uniformity in RERA (Real Estate (Regulation and Development) Act) Rules across states.
  • Directed the constitution of a committee, to be chaired by a retired High Court Judge. 
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